BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003356 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the following awards:

* Purple Heart
* Iraq Campaign Medal with 2 bronze service stars
* Global War on Terrorism Service Medal
* Combat Action Badge

2.  The applicant states he was given the wrong diagnosis for a traumatic brain injury (TBI) with temporary loss of consciousness.  Although he tested positive for one, he was told he did not.  Therefore, he did not pursue the award although his records state that he did.  Since Army Directive 2011-7 (Awarding of the Purple Heart) justifies the award for concussion, he is now requesting the award. The other awards he is requesting were not yet issued and he found out about them while doing research for the award of the Purple Heart.

3.  The applicant provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 December 2003
* orders for deployment to Iraq
* Department of Veterans Affairs (VA) Form 21-0781 (Statement in Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD))
* 
VA Form 21-4138 (Statement in Support of Claim)
* VA Demographics maintained by the San Francisco VA Medical Center
* Army Directive 2011-07, dated 18 March 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant requests award of the Purple Heart and the Combat Action Badge.  There is no evidence showing the applicant has exhausted his administrative relief for award of the Purple Heart or the Combat Action Badge.  The Commander, U.S. Army Human Resources Command (HRC) is the approval authority for requests for award of the Combat Action Badge that are submitted outside the 90-day redeployment window.  The applicant must first submit his request for the award of the Combat Action Badge and the Purple Heart to HRC, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider an application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice.  There is no evidence that the applicant has previously submitted a request for the award of the Combat Action Badge or the Purple Heart to HRC.  Therefore, these portions of the applicant's request will not be discussed further in these proceedings.

3.  On 23 July 1997, he enlisted in the Regular Army.  On 23 August 1999, he immediately reenlisted.

4.  On 16 March 2000, he was assigned to the 4th Battalion, 27th Field Artillery Regiment in Baumholder, Germany.

5.  Orders provided by the applicant show his unit was ordered to move from Germany to the U.S. Central Command Area of Responsibility Iraq on or about 
26 April 2003.

6.  On 20 December 2003, he was released from active duty.  He completed
6 years, 4 months, and 28 days of creditable active service.  His DD Form 214 does not show the Iraq Campaign Medal or the Global War on Terrorism Service Medal as awarded or authorized awards.

7.  An entry in Item 18 (Remarks) of his DD Form 214 indicates he served in Iraq from 29 April 2003 until 1 September 2003.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It satates:

	a.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom.  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  The pertinent approved campaigns are the:

* Liberation of Iraq (19 March - 1 May 2003)
* Transition of Iraq (2 May 2003 - 28 June 2004)

	b.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who participated in Global War on Terrorism operations outside of the designated areas of eligibility on or after 11 September 2001 to a future date to be determined.  All Soldiers on active duty on or after 11 September 2001 to a date to be determined and having served 30 consecutive or 60 nonconsecutive days are authorized award of the Global War on Terrorism Service Medal.                 

DISCUSSION AND CONCLUSIONS:

1.  Based on his service after 9 September 2001, he is entitled to the Global War on Terrorism Service Medal.

2.  Based on his period of service in Iraq and campaign participation, he is entitled to the Iraq Campaign Medal with two bronze service stars.


3.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

__X__  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the:

* Iraq Campaign Medal with two bronze service stars
* Global War on Terrorism Service Medal



      _________X______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20130003356



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ABCMR Record of Proceedings (cont)                                         AR20130003356



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